CHAY ALEXANDER, PETITIONER,
v.
BROWARD COUNTY SHERIFF'S OFFICE AND AL LAMBERTI IN HIS CAPACITY AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Fourth District Court of Appeal granted habeas corpus relief and reduced an excessive bond of $1,251,100 for a defendant charged with drug trafficking offenses, finding the amount unreasonable given his modest income, lack of assets, community ties, and no flight risk.
A bond amount is excessive and unreasonable when it far exceeds a defendant's ability to pay despite his community ties, stable residence, and lack of flight risk.
[1] A bond amount is excessive and subject to habeas corpus relief when it is unreasonable in light of the defendant's financial circumstances, community ties, and lack of fl…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“excessive bond is tantamount to no bond, and that an appellate court will grant relief where the petitioner shows that the amount of bond set is unreasonable under the circumstances”
Establishing the legal standard for reviewing excessive bond claims on habeas corpus.
Chay Alexander was charged with trafficking in oxycodone (two counts), trafficking in hydrocodone, possession of alprazolam with intent to sell or del…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Financial Ability To Pay cases and more on FLexlaw
Petitioner Chay Alexander challenges his bond totaling $1,251,100.00 on charges of trafficking in oxycodone (two counts), and one count of trafficking in hydrocodone, possession of alprazolam with intent to sell or deliver, and resisting/obstructing a police officer without violence. Petitioner seeks habeas corpus relief in this court on the grounds that the total amount of the bond set is excessive in light of his financial circumstances. It is well settled that excessive bond is tantamount to no bond, and that an appellate court will grant relief where the petitioner shows that the amount of bond set is unreasonable under the circumstances. See Luyao v. Mascara, 815 So.2d 748 (Fla. 4th DCA 2002); Brazil v. Jenne, 755 So.2d 784 (Fla. 4th DCA 2000).
Here, the petitioner has demonstrated that the amount of bond was unreasonable. Petitioner testified at the bond hearing that he worked as a barber earning about $17,000 annually. He said he did not own a home or real property, and had no other assets with which to post bond. He testified that he has resided in the county for more than 30 years, and had between 20 and 25 relatives living in the community. No evidence was presented suggesting that he would fail to appear in court. Even though petitioner was shown to be a convicted felon, we find that the bond set in this case was excessive. Therefore, we grant the petition and return it to the trial court for a new determination on reasonable bond in a reduced amount.
Petition Granted.
POLEN, TAYLOR, and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cleve Alexis Frederick v. State, 301 So. 3d 354 (Fla. 2d DCA 2021)…settled that excessive bond is tantamount to no bond, and that an appellate court will grant relief where the petitioner shows that the amount of bond set is unreasonable under the circumstances." (quoting Alexander v. Broward Cnty. Sheriff's Off., 6 So. 3d 707, 708 (Fla. 4th DCA 2009))). Because Mr. Frederick challenges his pretrial release conditions, we convert the certiorari petition to a petition for writ of habeas corpus. See Ex parte Bosso, 41 So. 2d 322, 323 (Fla. 1949) (concluding that a probatio…
-
Norton-Nugin v. State, 179 So. 3d 557 (Fla. 2d DCA 2015)…DCA 2014) (granting petition and remanding for trial court to reconsider accused’s financial resources even after it had reduced bond from $800,000 to [*560] $150,000 on three first-degree felony charges); Alexander v. Broward Cty. Sheriff’s Office, 6 So. 3d 707, 708 (Fla, 4th DCA 2009) (concluding that bond amount of .$1,251,100 on drug possession, trafficking, and obstructing a police officer without violence, was excessive where evidence showed that the accused earned $17,000 annually, lived in the commu…
Authorities Cited
- Brazil v. Sheriff Yen Jenne & The State of Fla., 755 So. 2d 784 (Fla. 4th DCA 2000)
- Asuncio Luyao v. Mascara, 815 So. 2d 748 (Fla. 4th DCA 2002)